HomeMy WebLinkAbout11/27/02 B A K'E R S F I E L D
CITY MANAGER'S OFFICE
MEMORANDUM
November 27, 2002
TO: Honorable Mayor and City Council
Tandy, City Manager /~'T'L~.,./
FROM:
Alan
SUBJECT: General Information
1. A kick off event for the Veterans' Park fundraiser has been scheduled for next
week by private sector supporters.
2. We have submitted a request to the California Regional Water Quality Control
Board to defer a required upgrade to Wastewater Treatment Plant 3 from 2005 to
2010, when the next expansion of that facility is anticipated. It would result in
considerable costs savings. An explanatory memo and copy of the letter is
attached.
3. An update on Proposition 40 funds is enclosed from Recreation and Parks, based
on information staff has received from the State. It looks like nothing will be
available in the 2002/03 fiscal year.
4. As reported to you earlier this month, the agency we used for temporary
employees cancelled their contract with us. Staff has done an evaluation to
determine which temporary positions should be retained as temporary City
employees and which should be converted to permanent positions. We are in the
process of assessing the need to retain a new temporary employment service. A
status report with more details is enclosed.
5. Enclosed for your information are two letters from staff to the FAA regarding the
Bakersfield Airpark:
· Request for reconsideration of their denial to upgrade the airspace designation
at the Airpark to Class C for safety reasons. This was an action requested by
the Urban Development Committee;
· Request for clarification on the time limit for the City's obligations relating to
Federal funding and requirements for closure of the Airpark.
Honorable Mayor and City Council
November 27, 2002
Page 2
6. Responses to Council requests are enclosed, as follows:
Councilmember Maggard
· Status of inquiry to acquire BLM land in northeast Bakersfield;
· Update on mold issues;
Councilmember Couch
· Status on draft letter to Discovery School principal regarding Hageman and
Patton intersection;
· Status report on railroad crossing repair;
Councilmember Hanson
· Policy regarding the refund of sewer user charges.
AT:rs
cc: Department Heads
Pam McCarthy, City Clerk
Trudy Slater, Administrative Analyst
RECEIVED
[10V 2 6 i
CITY MANAGER'S OFFICE
A K E R S F I E L D
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Director ~
DATE: November 26, 2002
SUBJECT: Letter to California Regional Water Quality Control Board
(CRWQCB) regarding Wastewater Treatment Plant 3 (Plant 3)
'discharge permit.
Attached is a letter to the CRWQCB requesting a change to a discharge permit
requirement on Plant 3. The attached letter is rather technical since it is written to the
CRWQCB staff that developed the Plant 3 discharge permit requirements, but the
purpose of this letter is to get permission to defer a plant upgrade until the next Plant 3
expansion.
Currently the Plant 3 permit has a water quality provision in it called "CBOD". This
CBOD provision has been in the Plant 3 permit since 1988 and has not been a problem.
Never the less, when the CRWQCB issued a new permit for Plant 3 in 2001, the CBOD
provision was scheduled to be phased out in 2005.
To meet this requirement by 2005, the City would need to spend approximately $8
million in plant upgrades. We are requesting that the CRWQCB delay the CBOD
phase out until 2010. Because of the building boom in Bakersfield, Plant 3 is expected
to need expansion by 2010. By deferring the CBOD phase out, the City will be able to
construct the plant expansion and the required plant upgrades in one construction
project, thus minimizing the costs and difficulties associated with two major construction
projects.
The attached letter has a more detailed explanation of situation. The purpose of this
memo is to inform you and City Council of these negotiations with the CRWQCB Staff.
If City staff is successful in negotiating this permit change, it will benefit the City both in
construction cost savings and in allowing Mr. Klimko to pay off the bonds from the 1997
Plant 3 expansion early, resulting in a savings of $1.3 million in interest payments.
Attachments (2)
G:~GROUPDAT~WASTEWTR~002~n_112602_WtrBrd to CM.doc
BAKERSFIELD
. PUBLIC WORKS DEPARTMENT
1501 TRUXTUN AVENUE
BAKERSFIELD, CALIFORNIA 93301
(661) 326-3?24
RAUL M. ROJA~, DIRECTOR · CITY ENGINEER
November 25, 2002
JoAnne Kipps, PE
Senior Engineer
California Regional Water Quality Control Board
1685 E Street
Fresno, CA 93706
RE: Request for Change to Waste Discharge Requirements Order No. 5-01-105
Dear Ms. Kipps:
On April 27, 2001, the California Regional Water Quality Control Board, Central Valley
Region (CRWQCB) adopted new Waste Discharge Requirements (WDRs) for the City
of Bakersfield's Wastewater Treatment Plant 3 (Plant 3). Discharge Specification B.2
on page -19- provides for discharge limits on either the BOD5 (40/80 mg/L)or CBOD5
(35/70 rog/L). Discharge Specification B.3 stipulates that on April 15~, 2005 the CBOD$
allowance will be dropped from the permit and the BOD5 discharge limit must be met
beyond this date. There are some difficulties with meeting this requirement and the
City of Bakersfield requests that the implementation date for this Discharge
Specification be extended by 5 years to April 15th, 2010. The purpose of this
correspondence is to convey this request and explain our reasons and justification for it.
As you know, the WDRs also require that a comprehensive evaluation of Best
Practicable Treatment and Control (BPTC) practices be prepared for Plant 3. The
Workplan for this analysis has already been approved by the CRWQCB and City Staff is.
working on its implementation. We h'ope to be finished with the BPTC evaluation by
January 2005 but'it could drag on longer. David Stringfield with Carollo Engineers has
indicated to City Staff that the completion of the BPTC analysis could take up to four
years. The BPTC analysis report is expected to require upgrades and modifications to
treatment processes at Plant 3.
In addition, the City of Bakersfield is currently growing at a phenomenal rate. 200 new
homes each month are being constructed. Most of these homes are in the Plant 3
service area. The City is planning and budgeting for an 8 mgd expansion of Plant 3 by
2010. Design and construction will take 3-4 years and is anticipated to cost
approximately $26 million. Also, the City of Bakersfield is still paying off the bond debt
incurred from the 4 mgd expansion of Plant 3 that was completed in 1999. These
bonds will be paid off by 2007. Plant upgrade and expansion projects are messy;
Page 2
November. 25, 2002
JoAnne Kipps, PE, Senior Engineer'
RE: Request for Change to Waste Discharge Requirements Order
No. 5-01-105 '
requiring state financing, bypass pumping and process shutdown ordeals. We request
relief so that the City can get all of this work done in one large capital project rather then
mobilizing two or three times over the next 8 years.
The attached schedule conveYs the timeline for all these activities. As can be seen, 'it
would help reduce overall costs and simplify things greatly, if the City were allowed to
design and construct the BPTC process improvements, the upgrades required to meet
the BODs requirements, and the 8 mgd plant expansion, all at one time.
From a budgeting, planning and engineering standpoint, the best way to deal with all of
these needs is in single capital improvement project to be financed, designed and
constructed between 2007 and 2010. We would like to proceed accordingly but cannot
without a delay in WDR requirement B.3. Based upon the stress testing on Plant 3 that
was done this summer, we believe that the Plant can meet the CBODs permit
requirement until the Plant is expanded and upgraded in 2010. Therefore, the City of
Bakersfield requests that the effective date for Discharge Specification B.3 be changed
to April 15th, 2010. This request is justified and reasonable. The CBODs discharge
limit has been in the Plant 3 permit since 1988. Since then, no harm to the
environment or to public health has been experienced. This reasonable
accommodation on the part of the CRWQCB will allow the City of Bakersfield to finance,
plan and implement the orderly expansion and upgrade of Plant 3 by 2010. Your
thoughtful consideration of this request is appreciated.
If you have any questions regarding this situation, we invite you to contact Derrill
Whitten in the Wastewater Division at 661-326-3254.
Sincerely
Public Works Director
Attachment: Schedule
C: Alan Tandy, City Manager
Jacques R. LaRochelle, Assistant Public Works Director
Brad B. Underwood, Public Works Operations Manager
Joe Turner, Wastewater Superintendent
Derrill Whitten, Civil Engineer III, Wastewater Division
~ 112.~2_Wu'f~I_O~OD ~ ext.d,c~
Upl~'~de and Expansion Mllestone~
-~ BPTC Evalua~on Period
! (~.~)uld extend into 2006)
B.3) .
8 mgd Plant 3 Expanalon
~ ~ I:qanfling
Io
From: Ken Trone
To: Alan Tandy
Date: 11/26/02 9:12AM
Subject: Prop 40
From a recent session with state staff. No per capita funds will be available in 02-03. Hopeful for
appropriation in July 03, no guarantee. No project cost for per capita can be incurred prior to
appropriation. State staff plans to begin developing administrative guidelines for per capita and
corn petitive early 03.
Same session, there are some exciting prop 40 competitive programs we have great projects for: RZH,
AB 1481, SB 359, and healthy communities all possible. We need to start lobbying our legislators soon.
CC: Stan Ford
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
~ November 27, 2002
TO: Alan Tandy, City,,~,~oManager i~Ma~~gge
FROM: John W. Stins,,,., ,-,osistant Cn r
SUBJECT: Temporary Employee Status Report
This memo is to provide a report on the current status of temporary employees used
by City departments. As you recall Select services cancelled their contract with the
city. At that time the city had about 186 temporary employees. The City Human
Resources division was not staffed at a level to assume this great influx of positions
and vacancies as well as doing all of the other work required of it. Also, due to
Select's action there was an opportunity to reevaluate the use of temporary
employees by city departments. A task force was used to review temporary
positions which were requested by departments to be continued as city temporary
employees. After review by the task force and discussions with department heads,
this number was authorized at 74 temporary employees. The majority of these (53)
are for recreation programs. Of the 74 recommended positions 16 are to be
continued only until vacant permanent positions have been filled. 2 positions are
due to medical leaves and will be eliminated when the medical leave is over.
We have reduced the number of drivers significantly as well. In September we had
114 drivers. The number of drivers after review by the task force is now 20 (only 2
of these are commercial drivers). 11 of these temporary drivers will be gone when
the vacant regular positions they are filling in for are filled during the next several
months. Liability associated with temporary employees driving was aprimary reason
that Select chose to terminate it's contract.
The task force also recommended that 9 of the 100 positions be converted to
permanent positions. These are 3 drivers in Solid Waste; 1 Service Maintenance
Worker and 2 Laborers for the Construction and Demolition program in Solid Waste;
and 2 Building Inspectors and a Clerk Typist in Development Services. This will
require future City Council action
As you are aware the number of temporaries needed changes due to seasonal
programs (such as recreational programs like aquatics, etc,); increases in seasonal
workloads or to fill long term' vacancies in key areas. Any new temporaries will
require approval by the department head and the City Manager within budgetary
S:~JOHN\HR\Temporary Employee Status Report.doc
constraints. Staff will also continue to closely track the hours for each position and
individUal temporary employees to comply with employment regulations and
restrictions.
An assessment of the need to retain a different temporary employment service is in
process.
S:~JOHN\HR\Temporary Employee Status Report.doc
RECEIVED
NOV 2 6 2002
B A K E R S F I E L D C~IYMAN^G£R'$O[F~CE
~M. ROJaS PUBLIC WORKS DEPARTMENT
DIRECTOR · CITY ENGINEER PUBLIC WORKS OPERATIONS MANAGER
November 25, 2002
Mr. William C. Withycombe, AWP. 1
Regional Administrator
Federal Aviation Administration, Western Pacific Region
P. O. Box 92007, WWPC
Los Angeles, CA 90009-2007
SUBJECT: Reconsideration of Air Safety
Bakersfield Municipal Airport (L-45)
Dear Mr. withycombe:
As you are aware the City of Bakersfield is concerned with air safety between traffic of
Bakersfield Municipal Airport (L-45) and Meadows Field (BFL). In the past we had
requested that the airspace designation at BFL be upgraded to Class C, which would
incorporate L-45 and allow air traffic controllers to monitor traffic at both airports. You
".,.. have previously denied the designation change because it has not met minimum FAA
guidelines. We are requesting that you review the conditions again for changing the BFL
airspace to Class C or Class C from 1500' - 3000'. We believe this change in airspace
would alleviate our safety concerns and protect the ILS to Meadows Field.
We would accept any other ideas that you may have to control traffic that would further
protect the ILS into Meadows Field. The City of Bakersfield remains concerned about
aircraft safety and would like a remedy to the conflict of airspace between BFL and L-45.
Thank you for your assistance.
Very truly yo~urfi,..~~
Brad B. Underwoo¢/
Airport Manager
c: Alan Tandy, City Manager
Raul M. Rojas, Public Works Director
PUBLIC WORKS OPERATIONS
4101 TRUXTUN AVENUE (661) 326-3781
BAKERSFIELD, CALIFORNIA 93309 Fax (661) 852-2113
RECEIVED
NOV 2 6 2002
I% B A K E R S F I E L D CI'I'YMANAG__~ER'SOFFiCE
UAUC/~.ROJAS PUBLIC WORKS DEPARTMENT B~D B. tn~rmwooD
DnU:xWOU-crrv ~n, amR etmL~c worsts om~v~oNs
November 25, 2002
' Mr. Ellsworth Chan
:.,.. Manager Safety and Standards Branch AWP-620
,.:: Federal Aviation Administration
-~, 'P.O. Box 92007
Los Angeles, CA 90009-2007
Dear Mr. Chan:
Thank you for your response to questions I posed in a previous letter. I request
clarification with regard to your response and the information you attached.
· ~: The City of Bakersfield is under the impression that the Federal Grant obligations expire
20 years from the date of the last grant received. If this assumption is an accurate one,
the City would be free from any obligations in the year 2016. It is our understanding that
· closure of the airport (L-45) could occur at that time and the City would not have to pay
.~. back any of the grant funds received.
In your response c)(ii) you stated: "The City obtained federal funds to construct a new
replacement airport. Therefore, the obligations run with the land and do not expire while
the airport continues to be operated as an airport." Airport Sponsor Assurances B 1
further states: "There shall be no limit on the duration of the term, conditions,' and
assurances with respect to real property acquired with federal funds."
We request clarification~on the following:
Does the 20-year time limit.apply to any or all of the federal funds received by the
City?
· In the year 2016, if airport closure'occurs would the City be required to pay back
any funds, just the portion used for purchase of real property, or all of the federal
funds received?
·Is a release to discontinue operation of the airport by the FAA a requirement in
releasing the City from the grant assurances and repayment of federal funds?
· If a release was granted to discontinue operation of the airport by the FAA at any
time in the future, would the City be released of the federal obligations including
repayment of any, a portion, or all of the federal funds received?
· Is it the FAA's understanding that the City purchased real property for the airport
with federal funds?
PUBLIC WORKS OPERATIONS
4101 TRUXTUN AVENUE (661) 326-3781
BAKERSFIELD, CALIFORNIA 93309 Fax (661) 852-2113
· Does "no limit on the duration of the term," mean it can be less than 20 years or
an indefinite time?
Your assistance in clarifying these issues is greatly appreciated.
Very truly yours, ^ ~
Brad B. Underwood~
· ., .Airport Manager
c: Alan Tandy, City Manager
Raul Rojas, Public Works Director
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
November26,2002
TO: Alan Tandy, City Manager
FROM: ~-'~lan Christensen; Assistant City Manager
SUBJECT: BLM Land in Northeast Bakersfield
Council Referral #000300
Councilmember Maggard asked that staff contact the Bureau of Land Management
to consider acquiring 40 acres of surplus BLM land in northeast Bakersfield.
Initial research on this request indicates that there could be no or little cost to acquire
the 40 acres. Apparently, BLM's desire is for the land to be preserved as open space
and not be developed. They are willing to deed it to the City under those restrictions.
Real Property Manager Don Anderson has already been in contact with BLM to obtain
the necessary paperwork to begin the process.
cc Jack Hardisty, Development Services Director
Don Anderson, Real Property Manager
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
J/
November
27,
2002
TO: AlanTandy, City Manager ~ /
FROM: John W. Stinso~,~'~ssistant City Manager
SUBJECT: Councilmember Maggard request for update on mold issue
The issue of mold and the involvement of public agencies in addressing concerns
and questions from the public continues to be an evolving one. City staff has met
with representatives from the Kern County Health and Environmental Health
Departments. They indicate the issue of mold and how to respond to public
concerns is a difficult one. Mold occurs naturally and often in our environment and it
is not simply a matter of identifying any mold and considering it a toxic material.
Further, where individual health concerns are involved it requires trained medical
and epidemiological skills to make determinations as to individual risks in a given
environment.
City staff as part of normal code enforcement processes works with property owners
to remedy situations which may result in the creation of mold such as leaky pipes or
other instances where water intrusion has occurred in a building. Staff responds to
such situations by providing information to property owners or tenants regarding the
prevention and clean-up of mold within buildings. Staff has met' with Kern County
Environmental Health who have suggested a protocol for responding to questions
from the public regarding mold, which is attached. It provides information for the
public regarding testing, referrals for renters, and phone numbers and web sites for
additional information. City and County Code enforcement personnel are working
together to try and provide a consistent response to these occurrences.
Development services staff continue to attend training and seminars regarding the
development by the state of the criteria which would determine when mold becomes
a health hazard. Due to the large scope of this issue and the medical, scientific and
legal complexities involved, this process has been slow to result in any definitive
guidance from the state. Staff will continue to pursue information on this issue and
work with the appropriate state and local agencies to address specific concerns
which may arise.
S:~JOHN\Mold Status.doc
!NVIRONMENTAL HEALTH SERVICES DEPARTMENT RESOURCE MANAGEMENT AGENCY
;TEVE McCALLEY, R.E.H.S., Director ~ DAVID PRICE III, RMA DIRECTOR
700 "M" STREET, SUITE 300 ~ Community Development Program Department
~AKERSFIELD, CA 93301-2370 Engineering & Survey Services Department
oice: (661) 862-8700
ax: (661) 862-8701 Environmental Health Services Department
TY Relay: (800) 735-2929 Planning Department
-mail: el~co, kern. c,, us Roads Department
Inquiries Regarding Mold
Do you test for mold?
1. NO. A private company can be hired to test for mold.
A. Companies are listed in the Pacific Bell Yellow Pages 2002 ed., Page 372,
3Td column, 2/3 of the way down, "Industrial Hygiene Consultants" category.
B. Test kits for mold are available on the Internet and maybe available locally
at 'the larger hardware stores.
I have a moldproblem; what do I do?
1. Ask if they are owner/occupants or rent and occupy subject location.
A. If they are owner/occupants, provide web site links.
B. If they live in a motel or employee housing, refer them to Environmental
Health ([661 ] 862-8700).
C. If they are renters, ask if they live within a city limit or in the unincorporated
area of the county.
1. If they live within an incorporated city, refer them to the incorporated
city agency that has jurisdiction.
2. If they live in the unincorporated area of the county, refer them to
County Code Compliance ([661] 862-8603).
2. Ask if there currently is water intrusion or leaking pipes (also ask the location
of the mold).
A. Yes. Take the appropriate action to resolve the problem.
B. No. Ask if landlord repaired leaks or stopped the water intrusion but did not
finish repairing the effects of the leaks or intrusion.
1. If did not finish repairing, take the appropriate action to resolve the
problem.
C. If there are no leaking pipes or known causes for the mold, refer them to the
web site links.
I want more information regarding mold; where do I get it ?
1. Refer them to Web site links:
http://www.cdc.gov/niosh/bldvent/2002-139.htmi.
http://www.aerotechlabs.com/press.htm
http://www.epa.gov/iaq/pubs/moldresources.html
http://www.cal-iaq.org//iaqsheet.htm#Mold
Mold Test Kit:
http://shop.auctionwatch.com/holtzman/home.html
(WpdocshMold\moldquestionsaug29)
RECEIVED
NOV 2 7 2002
CITY MANAGER'S OFFICE
CITY OF BAKERSFIELD
MEMORANDUM
November 26, 2002
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~
SUBJECT: HAGEMAN AND PATTON
Council Referral #000292
Councilmember Couch requested staff draft a letter for Councilmember Couch's
signature describing when the intersection of Hageman and Patton is to be
completed and include confirmation of discussion from previous meeting.
Staff has drafted a letter for Councilmember Couch's signature providing the
requested information. The project is being designed in the current fiscal year. The
traffic signal system is planned to be operational before school starts in August
2003. While it has a Iow ranking based on warrants compared to other intersections,
the traffic signal on Hageman Road at Patton Way is ranked number one of the
signals that are to be funded with Transportation Development Funds.
G:\GROUPDATXRefcrrals',2002\CC Mtg 1 l-6L292-Arnold.doc
_RECEIVED
NOV 2 7 2002
C~TY MANAGER'S
CITY OF BAKERSFIELD
MEMORANDUM ·
November 27, 2002
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS, DIRECTOR ~
SUBJECT: STATUS OF REPAIR AT RAILROAD CROSSINGS
Council Referral #000288
ICouncilmember Couch requested staff provide a status of the railroad crossings to
be repaired.
The City's Third Party Administrator (AIMS) has been working with Traffic Division
staff to review the existing crossings that have not been repaired. They are
documenting the conditions, accumulating accident data, and incorporating opinions
from the Traffic Engineer into a report that will be submitted to the C!ty Attorney's
Office. The City Attorney's Office will then prepare a formal submittal to the
California Public Utility Commission (PUC) requesting the PUC take action to require
the immediate repair of the crossings. The Traffic Division should complete their
review of the crossings with AIMS next week.
G:\GROU PDAT~Referrals\2002\CC Mtg 11-6'O.88-Ted.doc
._RECEIVED
NOV 2 6 2002
.=ITY MANAGER'S OFF~CE
B A K E R $ F I E L D
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Director.~_~
DATE: November 26, 2002
SUBJECT: REFUND OF SEWER USER CHARGES
Recently, Councilman Harold Hanson inquired about the City policy regarding the
refund of sewer user fees to citizens who have been erroneously assessed these
charges on their tax bills.
Occasionally, a citizen will contact the Wastewater Division to inform us that they have
been assessed a sewer user fee on their tax bill and they claim not to be hooked up to
the sewer. When these situations come to our attention, city staff will investigate the
connection to make sure that this is the case; a dye test is done to confirm the
connection status. If the home or business is not connected to the sewer, the City will
refund the past fees paid, back four years, plus any fee paid in the current year.
This policy has been in effect since 1989 and is based upon an opinion rendered on the
subject by Robert M. Sherfy, Assistant City Attorney (see attached memo).
c: Derrril Whitten, Civil Engineer III, Wastewater Division
G:\G ROUPDAl'~002_CityManageAW~N_memo 112502.doc
..... page
iMaSa Pe~lez - U112502.pdf , ,,
~; ~ ~ ! October 3, 1989
to: iwm~-s~z c~u~, waS~wAT~ SU~zNTm~Dm~ ZZ
~ Should the C' OPINION
charges beyond ~ ..... ~ty ref~d erroneously Paid Sewer set%ice
-"~ years?
~USIO.: The Ci~y should not ref~d erroneously Paid se/er
service charges, beyond four years.
~IS: California Revenue and T~atton
PrOVides, in'Pertinent par~, as follows:
"On order of =h
SUpervisors .... e ~ard of
rezunded if .=__ =-~w~ shall b
erroneous~,, u,~ were: . .
Revenue and Taxa=lo~ Code
Dart: ·
section 5097 ~rovides, In Dertinen:
"(a; No .order for a refund under
this article shall be made, except
on a claim: ·
(1) Verified by the ~rson'who
the ~, his or her guardt~a~d
executor, or. a~tntstra:or'
(2; Filed W~thla four years after
making of the ~a~ent sought to be
refunded or Within one
the mailing year after
of notice as Drescribed
in ~Section 2635, or the Dert6d
agreed to as DrOVtd ·
532.1-whtche .~ a _~d in Secttoa
OCT 6
It M~qa peq31ez , M112502.pdf ...... .... ' page 2il
~ae a~ve la~' ~+c~ m~lng th~ ~.c~e Clt -~ u~c~ ~estdent
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